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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Part 1 of the case of the defendant and the person to whom the attachment order was requested (the part concerning special robbery in the judgment of the court below) misunderstanding the facts (the defendant and the person to whom the attachment order was requested) were the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") attempted to threaten the victim after committing sexual intercourse with the victim C and sexual traffic, but the victim did not have sufficient money at the time, and instead requested the defendant to transfer 20,000 won as stated in the judgment of the court below that the victim did not have sufficient money at the time, and instead requested the defendant to transfer her money to the account notified to the victim. While the victim appears to have had the circumstance of the defendant and the victim did not have paid the above money from the victim, the court below found the defendant guilty of this part of the facts charged. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.
B) According to the evidence submitted by the prosecutor, including the statement at the investigative agency of the victim C and the court of the court below, the defendant committed the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Rape) such as the Act on the Punishment, etc. of Sexual Crimes against the victim C, the court below acquitted the victim of this part of the charges. The court below erred in the misapprehension of facts and adversely affected the conclusion of the judgment) The sentence imposed by the court of the judgment of the unjust sentencing is too unreasonable.
B. The part of the case where the attachment order is applied to the defendant (the defendant) is too excessive in light of the defendant's possibility of recidivism.
2. Determination
A. We examine the Defendant’s assertion of mistake of facts regarding the part of the Defendant’s case, the lower court, and the lower court.